Post by LoveTrains on Aug 19, 2012 10:15:39 GMT -5
I used to think stuff like this was frivolous, then I watched "hot coffee" after all of the urging on the boards. Now I assume that people have legitimate claims, which is what I assume with this story.
Post by karinothing on Aug 19, 2012 12:50:54 GMT -5
I assume she has a legitimate claim, that being said, growing up in AZ you always tested seats before sitting down, heck I don't even sit in my own car before testing the seat. Just part of living in a hot weather state. So, I do find it a little odd that she didn't test it first.
I'll defer to the attorneys here, but yeah, I'm thinking she had to be sitting there for awhile for this to happen and I'm not leaning in her favor.
I don't think it's possible that she was sitting there for "a while." To sustain 3rd degree burns as a result of duration rather than intensity, one would have to be able to sustain a significant amount of pain for a pretty long period of time. First degree burns are redness, second degree burns are blisters, third degree burns generally burn through the skin down to muscle. I would think that while her skin was blistering she would have been in enough pain to get the hell off the bench and therefore, wouldn't have gotten the 3rd degree burns if it was the result of her just sitting there a long time.
Unless she was drunk, which is my guess.
I tend to lean towards "frivolous" because FFS, why would you sit on a hot black bench in Texas in the summer and then blame someone else for it being really really hot? but I agree that there's not enough information here to have too strong of an opinion one way or another. I'm open to the possibility that she has a legitimate claim.
Is it usual for benches to get "burn your skin off" hot in Texas? Or are benches normally made of a material that wont disfigure you? Because thats the thing really. If no other benches are that dangerous, then they have been made out of a safe material which makes this is a case of safety failure, and therefore its not frivolous. But if its expected with all benches, then its her own fault, I suppose.
I don't think it's possible that she was sitting there for "a while." To sustain 3rd degree burns as a result of duration rather than intensity, one would have to be able to sustain a significant amount of pain for a pretty long period of time. First degree burns are redness, second degree burns are blisters, third degree burns generally burn through the skin down to muscle. I would think that while her skin was blistering she would have been in enough pain to get the hell off the bench and therefore, wouldn't have gotten the 3rd degree burns if it was the result of her just sitting there a long time.
Unless she was drunk, which is my guess.
I tend to lean towards "frivolous" because FFS, why would you sit on a hot black bench in Texas in the summer and then blame someone else for it being really really hot? but I agree that there's not enough information here to have too strong of an opinion one way or another. I'm open to the possibility that she has a legitimate claim.
This is what I'm thinking and it also would give new meaning to being drunk off your ass.
I don't understand the argument that she must have been sitting there a long time. When you all say a long time, what exactly do you mean?
When I sit down on a hot bench and I get up after a while, the part where my butt was becomes cooler because my butt has shaded it. I don't see how she sat down, then after 10 minutes the burns appeared. They would have had to happen within a second or two, or not at all.